Alidoust v. Hancock County, Mississippi et al

Filing 46

ORDER: Ordered that all state law claims against any Defendant and all official capacity claims against Defendant Brad Epperson are dismissed with prejudice; and that all claims against Defendants Sheriff Ricky Adam, Deputy Car l Contranchis, Deputy John Compton, Investigator Steve Saucier, Chief Deputy Don Bass, Jailer Ronald Thompson, Warden Brandon Zeringue, and Bay St. Louis Police Department are dismissed with prejudice. The Clerk is ordered to terminate these Defendan ts on the docket. Bay St. Louis Mississippi Police Department, John Compton (Deputy, Individually and as Deputy Sheriff of Hancock County Mississippi), Carl Contranchis (Deputy, Individually and as Deputy Sheriff of Hancock County Mississippi), Steve Saucier (Investigator, Individually and Investigator at Hancock County Mississippi Sheriff's Department), Ronald Thompson (Corrections Officer, Individually and as Corrections Officer at Hancock County Adult Detention Center), Brandon Zeringue (Warden, Individually and as Warden of Hancock County Adult Detention Center), Ricky Adam (Individually and as Sheriff of Hancock County Mississippi) and Don Bass (Chief Deputy, Individually and as Chief Deputy Sheriff of Hancock County Mississippi) terminated. Signed by Chief District Judge Louis Guirola, Jr. on 8/24/17 (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
SAFA ALIDOUST
v.

PLAINTIFF
CIVIL NO. 1:17CV35-LG-RHW

HANCOCK COUNTY, MISSISSIPPI, et al.

DEFENDANTS

ORDER DISMISSING CERTAIN CLAIMS AND DEFENDANTS
This matter is before the Court sua sponte based on Plaintiff Safa Alidoust’s
failure to comply with the Court’s Show Cause Order entered in this action on
August 2, 2017. (See Order, ECF No. 31). The facts underlying this action are set
out in the [31] Order and are incorporated by reference herein. In that Order, the
Court ordered Alidoust to file an Amended Complaint and/or show cause response
by August 23, 2017 to address pleading and legal deficiencies with respect to
several of his claims. He has done neither. Accordingly, the Court finds that the
following claims and defendants should be dismissed with prejudice:1
All State Law Claims
For the reasons discussed at pages 5-7 of the Court’s [31] Order, all of
Alidoust’s state law claims are barred by the Mississippi Tort Claims Act (MTCA)
and/or by the applicable statute(s) of limitations. The Court will dismiss all state
law claims from this action.

1

The Court will not dismiss the claims against Defendant Health Assurance,
LLC, at this time, as the docket now reflects that Health Assurance was served in
April 2017.

Federal Law Claims Under Sections 1983 and 1985 Against
Certain Defendants In Their Individual Capacities
With few exceptions, Alidoust’s Complaint does not include facts from which
the Court could conclude that Defendants Sheriff Ricky Adam, Deputy Carl
Contranchis, Deputy John Compton, Investigator Steve Saucier, Chief Deputy Don
Bass, Jailer Ronald Thompson, and/or Warden Brandon Zeringue individually
violated the Constitution, and the Complaint does not otherwise satisfy the
pleading requirements of Twombly/Iqbal. (See Order 8-9, ECF No. 31); Copeland v.
Axiom Mortgage Grp. LLC, No. 1:16cv159-HSO-JCG, 2016 WL 4250431, at *4-5
(S.D. Miss. Aug. 11, 2016) (citation omitted). As discussed above, the Court gave
Alidoust the opportunity to file an Amended Complaint to cure these and other
deficiencies, but he chose not to do so. Therefore, the Court dismisses all individual
capacity claims against Defendants Adam, Contranchis, Compton, Saucier, Bass,
Thompson, and Zeringue.
Official Capacity Claims Against Certain Defendants
Any official capacity claim against Defendants Adam, Contranchis, Compton,
Saucier, Bass, Thompson, and Zeringue is dismissed as redundant of the claims
against Defendant Hancock County. (See Order 9-10, ECF No. 31); Kentucky v.
Graham, 473 U.S. 159, 166 (1985). These Defendants will be terminated as
defendants, as there are no remaining claims against them. Any official capacity
claim against Defendant Brad Epperson is dismissed for the same reason. (See
Order 10, ECF No. 31).
2

Defendant Bay St. Louis Police Department
The Bay St. Louis Police Department is not subject to suit, and will be
terminated as a defendant for that reason. (See Order 10, ECF No. 31); Fed. R. Civ.
P. 17(b); Upchurch v. City of Moss Point, No. 1:10CV228-LG-RHW, 2011 WL
5082224, at *3 (S.D. Miss. Oct. 26, 2011).
IT IS THEREFORE ORDERED AND ADJUDGED that all state law
claims against any Defendant and all official capacity claims against Defendant
Brad Epperson are DISMISSED WITH PREJUDICE.2
IT IS FURTHER ORDERED AND ADJUDGED that all claims against
Defendants Sheriff Ricky Adam, Deputy Carl Contranchis, Deputy John Compton,
Investigator Steve Saucier, Chief Deputy Don Bass, Jailer Ronald Thompson,
Warden Brandon Zeringue, and Bay St. Louis Police Department are DISMISSED
WITH PREJUDICE. The Clerk is ordered to TERMINATE these Defendants on
the docket.
SO ORDERED AND ADJUDGED this the 24th day of August, 2017.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

2

The Court will enter a separate Order with respect to the Motion to Dismiss
filed by Defendants City of Bay St. Louis and Brad Epperson, which Motion
addresses the individual capacity claims against Epperson.
3